Excerpt: ...re”), Pedro Bustamante (“Pedro”), Angel Bustamante (“Angel”), and Ofelia Lagunas Gonzalez (“Gonzalez”) (collectively, “Plaintiffs”) filed this wrongful death and survival action for negligence and negligent entrustment. The action arises from the death of Aide Bustamante (“Aide”) and Pedro Peralta (“Peralta”). On May 23, 2020, Aide and Peralta died in a car accident involving a vehicle driven by defendant Cash Recanzone ...

Excerpt: ...ainst defendants Toscaleneo A. Morris, Sr. and Donald L. Cox, Inc. dba Cox Construction (collectively, “Defendants”) arising from a January 11, 2018, motor vehicle accident. On October 12, 2021, Defendants filed this motion for leave to conduct a second medical examination of Plaintiff by Stephen P. Kay, M.D. (“Dr. Kay”), an orthopedic surgeon specializing in the treatment of the shoulders. Defendants request leave to examine Plaintiff's ...

Excerpt: ... filed this action against Steven Jay Franks (“Franks”) (erroneously sued as “Steven Jay Francis”) and Sang Lee (“Lee”) arising from a September 28, 2019, motor vehicle collision. Plaintiffs allege Lee entrusted his vehicle to Jacqueline Hiner (“Hiner”), who gave permission to Franks to operate the vehicle at the time of the accident. On October 22, 2021, Plaintiffs filed this motion to re-open discovery, claiming that additional ...

Excerpt: ...tiff”) filed this action against defendants Hathaway Dinwiddie Construction Co. (“Defendant”), Gerdau Reinforcing Steel, and Commercial Metals Company arising from injuries sustained on December 17, 2018, while working on a construction project. On August 12, 2021, Plaintiff filed this motion to quash 37 subpoenas issued by Defendant to Plaintiff's medical providers: 1. DY Care Rehabilitation; 2. SM Healing Acupuncture Center; 3. California...

Excerpt: ...ndant Lugo Ulysses (“Ulysses”) arising from a December 10, 2018, motor vehicle collision. On February 10, 2021, Plaintiff filed a First Amended Complaint adding E.M. Pizza, Inc. as a defendant (“E.M. Pizza”). Plaintiff then filed the operative Second Amended Complaint on May 28, 2021, after seeking leave to amend. Plaintiff moves for orders compelling Ulysses and E.M. Pizza to serve responses to written discovery. Plaintiff also requests ...

Excerpt: ...nst defendants Figter Limited, Figter, Inc., Geoff Palmer, GH Palmer, Inc., GHP Management Corporation, and G.H. Palmer Associates. Plaintiff asserts causes of action for negligence and premises liability and alleges he was a resident at the Skyline Terrace Apartments, which is owned by Figterm Limited and Figter, Inc. and managed by GHP Management Corporation (the “Building”), on October 6, 2017. Plaintiff alleges he was injured when the cei...

Excerpt: ..., L.P.'s Demurrer to Plaintiff's Complaint I. INTRODUCTION On August 17, 2021, Plaintiffs Elena Escobar and Salvador Escobar (collectively, “Plaintiffs”) filed this wrongful death action arising from the death of their son, Luis Anthony Escobar (“Decedent”). Plaintiffs assert two causes of action for general negligence and premises liability, alleging that Decedent was an employee of Southwest Steel of California, Inc. (“Southwest Steel...

Excerpt: ...efendant”). Plaintiff alleges that after returning a rental car, she was denied the usual courtesy ride to the visitor lot and was told by Defendant's agent or attendant that she could follow a pathway at the back of the facility instead. (Compl., GN-1; Prem.L-1.) She claims she sustained injuries from being forced to walk on an unpaved, loosely graveled pathway in a parking lot which caused her to stumble and catch herself more than once. (Ibi...

Excerpt: ...in Ernesto Garcia and Jet Speed Plumbing, Inc. (collectively, “Defendants”) arising from a June 27, 2019, motor vehicle collision. On November 28, 2020, Plaintiff originally attended an IME with orthopedic surgeon Geoffrey Miller, M.D. (“Dr. Miller”). On August 9, 2021, Defendants filed this motion to compel Plaintiff's attendance at a second independent medical examination (“IME”) with neurosurgeon Tony Feuerman, M.D. (“Dr. Feuerma...

Excerpt: ...on against Defendant Trader Joe's Company, Inc. (“Defendant”) (erroneously sued as “Trader Joe's East Inc.”) arising from a December 11, 2018, slip and fall. Defendant moves to compel the law firm of Ivie McNeill Wyatt Purcell & Diggs (“Deponent”) to produce nonprivileged records from its representation of Plaintiff in three different automobile accidents in 2015 that were disclosed in her discovery responses. A party seeking discover...

Excerpt: ...r (“Plaintiff”) was driving her motorcycle at the intersection of Fountain Avenue and Highland Avenue when a vehicle driven by Joshua Benjamin Yavitch (“Defendant”) collided with her motorcycle. On July 6, 2017, Plaintiff filed a Complaint against Defendant. Plaintiff's Complaint alleges the following causes of action: (1) Motor Vehicle, and (2) General Negligence. On November 8, 2019, this matter proceeded to trial. On November 25, 2019,...

Excerpt: ...”) was inside a store operated by Smart & Final, LLC (“Defendant”) where Plaintiff claims she slipped and fell on a vegetable that was left on the floor in the Produce Department. On May 20, 2020, Plaintiff filed a Complaint against Defendant. Plaintiff's Complaint alleges the following causes of action: (1) Premises Liability, and (2) Negligence. On August 24, 2021, Plaintiff filed a Motion for Summary Adjudication, which is now before the...

Excerpt: ...on against Defendants Stater Bros. Markets (“Defendant”) and Pepsi-Cola Sales and Distribution. Plaintiff alleges she tripped and fell on a dolly and merchandise left on the ground at Defendant's grocery store. On March 26, 2020, Plaintiff named Bottling Group, LLC (“Bottling Group”) as Doe 1. On April 1, 2020, Plaintiff filed a request for dismissal as to Pepsi-Cola. On April 9, 2020, Bottling Group filed a cross-complaint against Defend...

Excerpt: ...ion for Plaintiff's failure to appear at an OSC re: entry of default judgment and for lack of prosecution. On August 16, 2021, Plaintiff filed this motion to set aside the August 9, 2021, dismissal on the grounds of attorney fault. Counsel states that his failure to appear was due to a technological glitch and he was never connected with the video conference despite dialing in at the scheduled time. (Tiomkin Decl., ¶¶ 5-7.) “The court may, up...

Excerpt: ...intiff amended the Complaint to substitute Brittany Barnes (“Defendant”) (erroneously sued as “Brittney A. Mrsnik”) for Jane Doe. On February 15, 2019, Defendant's ex parte application to continue the trial date and all related deadlines was granted. As a result, the final status conference was continued from February 22, 2019 to June 6, 2019 and the trial scheduled for March 7, 2019 was continued to June 20, 2019. Another continuance was...

Excerpt: ... this action asserting causes of action for premises liability and negligence. Plaintiff named the following as defendants: Hakkasan Limited DBA Bootsy Bellows Nightclub (“Hakkasan Limited”), Hakkasan Group, Hakkasan LV LLC (“Hakkasan LV”), Hakkasan Holdings (“Hakkasan Holdings”), Hakkasan USA, Inc., and BToll Entertainment LLC. On April 30, 2019, Plaintiff added Brian Toll (“Toll”), Hakkasan SF, LLC (“Hakkasan SF”), and John ...

Excerpt: ...International LLC dba LA Fitness (“LA Fitness”). Plaintiff alleges he broke both knees when he fell into an empty swimming pool after being hired to conduct repair work at a gym. On February 3, 2020, Plaintiff named Sepulveda Commercial Development, Corp (“SCD”) as Doe 11. On August 3, 2020, Plaintiff named Symphony Pools, Inc. dba Swimming Pool & Surgeon (“Symphony Pools”) as Doe 12. On February 9, 2021, Plaintiff filed the operative...

Excerpt: ...em, Devika Seenivasagam, filed this action against Defendants Ford Motor Company (“Ford”), Gulbenk Kocar, and Sirenus Kocar. On January 17, 2020, Dulara Senarathne (“Plaintiff”), a minor by and through Seenivasagam as her guardian ad litem, was added as a plaintiff. Gulbenk Kocar and Sirenus Kocar (collectively, “the Kocar Defendants”) filed this motion for determination of good faith settlement on August 26, 2021 regarding their sett...

Excerpt: ...ction against Defendant Baret Lepejian (“Defendant”), Elton Orellana, and Manuel Orellana arising from a December 2, 2017, motor vehicle accident. Defendant moves for an order imposing terminating sanctions. Plaintiff's counsel has filed a motion to be relieved. Motion for Terminating Sanctions On July 23, 2021, the Court granted Defendant's motion to compel Plaintiff's responses to Request for Production of Documents (Set Two). The Court ord...

Excerpt: ...mmett Management, LLC, and Universal Protection Service, LP (“Defendant”) (erroneously sued as “Allied Universal Security Services”) asserting causes of action for assault, battery, and violations of the Ralph Act and Bane Act. On April 20, 2021, Plaintiff filed a First Amended Complaint (“FAC”). Plaintiff alleges that on July 19, 2020, he and his certified emotional support animal (“ESA”), Cozmo, approached the entrance to the po...

Excerpt: ... 14, 2019, Plaintiff Jesus Antonio Corbeton (“Plaintiff”) filed this action against Defendants Maria F. Villareal (“Villareal”) for injuries arising from a May 13, 2018, dog bite. On April 27, 2020, and September 23, 2020, Plaintiff named Sergio Carrillo (“Sergio”) and Martha Carrillo (“Martha”) as Does 1 and 2. Plaintiff has filed 9 motions for orders compelling each Defendant's response to discovery and to deem admitted. Plainti...

Excerpt: ...24 Hour Fitness USA, Inc. Plaintiff alleges that on August 2, 2017, she fell due to a dangerous condition of Defendant's property. On June 15, 2020, Defendant filed a Chapter 11 bankruptcy case, which automatically stayed this action. On March 2, 2021, Defendant filed a notice of bankruptcy discharge. Defendant now moves for judgment on the pleadings arguing that Plaintiff's cause of action has been discharged. II. LEGAL STANDARD “A motion for ...

Excerpt: ... Defendant Evelyn Yanira Sanchez arising from an October 9, 2016, motor vehicle accident. Defendant moves for an order compelling Plaintiff's deposition and imposing sanctions. Plaintiff's counsel also moves for an order relieving him as Plaintiff's attorney of record. Motion to Compel Deposition Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc...

Excerpt: ...odriguez, and Isaias Rodriguez filed this action against Defendants City of Whittier (“City”), J. Garcia (“Garcia”), T. Roberts (“Roberts”), and Claudia Rodriguez (“Rodriguez”) arising from a February 18, 2019, motor vehicle collision. Plaintiff alleges that Garcia and Roberts were driving black and white patrol vehicles in pursuit of non-party Kevin Vargas while in the course and scope of their employment with City as police offi...

Excerpt: ..., LLC (“C.W. Driver”) (erroneously sued as “C.W. Driver, Inc.”), Steven Stewart Nelson (“Nelson”), Kirkley Corporation (“Kirkley”), and Aaron Michael Hughes (“Hughes”) arising from a June 26, 2019, motor vehicle collision. On October 14, 2020, C.W. Driver filed a cross-complaint against Hughes, Kirkley, and Nolan Anthony Cota (“Cota”) for contribution, indemnity, declaratory relief, and apportionment of fault. On October 2...

Excerpt: ...m. October 28, 2021 On February 27, 2020, Plaintiff Ronald Dettman (“Plaintiff”) filed this action against Defendant The Comcast NBCUniversal Foundation for injuries sustained when he was allegedly pushed to the ground by a large group of individuals at Universal Studios, Hollywood. On March 20, 2020, Plaintiff named Defendant Universal City Studios LLC (“Defendant”) as Doe 1. On June 24, 2021, Defendant served Form Interrogatories (Set T...

Excerpt: ... 11, 2021, Plaintiff Maria Belen Lyster filed this action against Defendants Joseph Hemmen (“Hemmen”) and Uber Technologies, Inc. (“Uber”). Plaintiff alleges she was a passenger in Hemmen's vehicle on December 31, 2019 when she was involved in a motor vehicle accident with a cyclist. Plaintiff alleges Hemmen was employed by Uber at the time. On April 2, 2021, Hemmen filed an answer. On May 28, 2021, Uber filed an answer. On August 20, 202...

Excerpt: ...nt Costco Wholesale Corporation arising from a March 3, 2019, slip and fall. Plaintiff alleges she slipped and fell on some liquid on the floor and asserts causes of action for negligence and willful failure to warn. [1] Defendant moves for summary judgment on the ground that undisputed facts establish neither Costco nor its employees had actual or constructive notice of the alleged dangerous condition upon which Plaintiff bases her premises liab...

Excerpt: ...colab”) and RPDT, Inc. dba Safe & Sound Food Safety Consultants (“RPDT”). Plaintiff alleges Ecolab installed commercial dishwasher machines and related products which caused him to sustain severe second- and third-degree burns on May 2, 2019. Intervenor Zurich American Insurance Company (“Zurich”) seeks leave to file a complaint- in-intervention as Zurich is the worker's compensation carrier for Plaintiff's employer, Joey Restaurant, In...

Excerpt: ...t. 27 1:30 p.m. October 27, 2021 Plaintiff Mina Bakhshian seeks to compel Defendant Costco Wholesale Corporation to produce witnesses to testify as the person most knowledgeable (“PMK”) on 18 categories of testimony. The dispute over producing PMKs has been festering for some time. The Court notes that Plaintiff originally requested the deposition appearance of Defendant's PMKS more than a year ago on July 27, 2020, with further amendments to...

Excerpt: ...018, Plaintiffs “A”, Anthony Beck, and Christie Beck (“Plaintiff”) (collectively, “Plaintiffs”) filed this action against Defendants Windsor Property Management Co. (“Windsor Property”) and IMP Sea Castle, LLC (“Sea Castle”) (erroneously sued as “Sea Castle Apts, Ltd.”) arising from a dog bite. On March 20, 2020, Plaintiffs filed the operative First Amended Complaint. Defendants Windsor Property and IMP Sea Castle (collect...

Excerpt: ...iled this action against Defendant Eric Wapnick (“Defendant”) arising from an April 20, 2018, motor vehicle collision. On September 17, 2021, the Court denied Plaintiff's motion to compel Defendant to answer questions at his deposition and produce documents. On September 23, 2021, Plaintiff filed this motion for reconsideration. To provide a brief summary, in Plaintiff's motion to compel Defendant's deposition answers, Plaintiff claims Defend...

Excerpt: ...a Bergeron (“Bergeron”) filed this action against Defendants Reina Guevara (“Guevara”), Adrian Salazar (“Salazar”), Andrea Salazar, and BJ's Restaurants. Plaintiffs claim that Ethan was brought to Guevara and Salazar's home on February 16, 2019, and that Ethan was injured by a sliding glass door. On September 23, 2021, Defendants Guevara and Salazar (collectively, “Defendants”) filed a demurrer to Plaintiffs' Fourth Cause of Actio...

Excerpt: ... malpractice action against Defendant Saleem A. Desai, M.D. (“Defendant”) and NSC Management Company, Inc. dba Endeavor Surgical Center (“Endeavor”). On August 12, 2020, Plaintiff added Los Angeles Gastroenterology Institute as Doe 1. On April 21, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”). Although Plaintiff filed a Second Amended Complaint (“SAC”) on April 23, 2021, Plaintiff did so without seeking leave...

Excerpt: ...nox James Daley arising from a September 5, 2018, automobile collision. Plaintiff filed this Motion on September 28, 2021, for leave to file a First Amended Complaint (“FAC”) to add a claim for punitive damages against Defendant. Plaintiff states it was not until June 2021 that he learned through discovery that Defendant had a prior DUI in 2005. (Workman Decl., ¶ 10(c).) The court may, in its discretion and after notice to the adverse party,...

Excerpt: ...laintiff”), a minor through his guardian ad litem, Clemon Young Sr., filed this action against Defendant Los Angeles Unified School District (“LAUSD”) arising from a June 1, 2018, assault which took place at school. On May 18, 2019, Plaintiff filed a First Amended Complaint, to which Defendant demurred. The demurrer was sustained on August 23, 2019. On September 12, 2019, Plaintiff filed the operative Second Amended Complaint (“SAC”). O...

Excerpt: ... Defendant First Bargain, Inc. (“Defendant”) arising from a November 3, 2017, trip and fall. Plaintiff asserts causes of action for general negligence and premises liability, alleging that boxes of merchandise on both sides of a store aisle created a dangerous condition in Defendant's store. Defendant moves for summary judgment on the grounds that Plaintiff cannot prove that Defendant had notice of any dangerous condition or that any dangerou...

Excerpt: ...2018, Plaintiffs A (“Plaintiff”), a minor, by and through her guardian ad litem, Anthony Beck (“Anthony”), and A's mother, Christie Beck (“Christie”) filed this action against Defendants Windsor Communities, Windsor Property Management Co. (“Windsor Management”), Imp Sea Castle, LLC (“Sea Castle”) (erroneously sued as “Sea Castle Apartments, Ltd.”), Anthony Schepis (“Schepis”), and Kayla Benson (“Benson”) arising f...

Excerpt: ...ntiffs Akram Akbarnejad (“Plaintiff”) and Reza Sabohie Moghaddam filed this action against Defendant Artur Ghazaryan dba Supreme Smoke Shop (“Defendant”), among others, arising from an April 9, 2019, vaping device explosion. Plaintiff alleges she sustained second and third- degree burns on her leg, buttocks, and arm. Defendant moves to compel Plaintiff's attendance at an independent medical examination (“IME”) on November 10, 2021. In...

Excerpt: ...ing from an April 14, 2019, trip and fall. Defendant moves to compel Plaintiff's deposition and requests sanctions against Plaintiff and her counsel of record. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to attend and to testify...

Excerpt: ...tor Company (“Defendant”), among others, for injuries allegedly sustained on January 4, 2018 while riding an escalator inside a Bloomingdale's Department Store. Plaintiff asserts causes of action against Defendant for negligence, strict products liability, and breach of express and implied warranties. Defendant moves for summary judgment on the grounds that Plaintiff's responses to discovery establish that she has no facts or evidence in supp...

Excerpt: ... Defendants Ojani G. Martinez and Gerardo Martinez arising from an April 11, 2018, motor vehicle collision. Defendants filed two motions seeking orders compelling Plaintiff's attendance at two separate medical examinations by neuropsychologist, Dr. Tony L. Strickland, and psychiatrist Dr. James R. High. In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff wh...

Excerpt: ... action for negligence and premises liability. Plaintiff claims that on January 3, 2019, she tripped and fell while attempting to access a shopping cart corral because the toe of her boot was caught on a metal bar at the bottom of the corral. At issue are Defendant's responses to Plaintiff's Form Interrogatories (Set Two) (“Form Interrogatories” or “FROG”), Pre-Trial Special Interrogatories (Set One) (“Special Interrogatories” or “S...

Excerpt: ...r 20, 2021 On December 20, 2019, Plaintiff Lynn Michele Equivel (“Plaintiff”) filed this action against Defendants Stater Bros. Markets (“Defendant”) and Pepsi-Cola Sales and Distribution. Plaintiff alleges she tripped and fell on a dolly and merchandise left on the ground at Defendant's grocery store. On March 26, 2020, Plaintiff named Bottling Group, LLC (“Bottling Group”) as Doe 1. On April 1, 2020, Plaintiff filed a request for di...

Excerpt: ...NTRODUCTION On March 18, 2020, Plaintiff Sedgwick Claims Management Services, Inc. (“Plaintiff”), for real party in interest, Falls Lake Fire and Casualty Company, filed this action against Defendant China Airlines, Ltd. (“China Airlines”) arising from a May 21, 2018, motor vehicle accident. Plaintiff alleges that on May 21, 2018, Diamond Santos (“Santos”) was working in the course and scope of his employment with Plaintiff's insured,...

Excerpt: ...rie Sabb (“Sabb”) and Daser Saquion Desahagun (“Desahagun”) (collectively, “Defendants”) arising from a November 30, 2020, motor vehicle accident. On August 24, 2021, the Court granted Defendant's motions for orders compelling Plaintiff's responses to written discovery within 10 days and ordered Plaintiff to pay sanctions in the amount of $270 within 10 days. Plaintiff, a self-represented litigant, did not oppose Defendant's motions a...

Excerpt: ...Plaintiff”), by and through her guardian ad litem, Guadalupe Martinez, filed this action against Defendant Compton Unified School District for premises liability and negligence. Defendant moves for judgment on the pleadings on the grounds that Plaintiff has failed to state a statutory basis sufficient to allege a viable cause of action for general negligence. Defendant also argues that Plaintiff's cause of action for general negligence is uncer...

Excerpt: ...Industries (“G.I.”), Jose David Barajas Villa (“Villa”), Waste Management Collection and Recycling, Inc., and the City of Westlake Village. Plaintiff alleges that on November 12, 2020, he was injured in a garbage truck versus pedestrian collision. Plaintiff seeks further responses from G.I. to Request for Production (“RFP”) Nos. 12, 27, 29, 30, 31, 33, 42, 44, 45, 46, 47, 48, 53, 54, and 55. Plaintiff also requests Villa provide furth...

Excerpt: ...ano Esteves Tacto, Jr. (“Defendant”) and Sheryl Tacto (collectively, “Defendants”) arising from a February 13, 2018, motor vehicle accident. Defendants move for summary judgment on the grounds that no evidence exists to demonstrate that they are liable for negligence. Specifically, Defendants contend that no triable issue of fact exists to show that their conduct was a substantial factor in causing the accident. I. FACTUAL BACKGROUND Plai...

Excerpt: ...vices, Inc. (“Transdev”), Los Angeles County Metropolitan Transportation Authority (“LACMTA”), and Connie Romero (“Romero”) arising from an April 18, 2018, bus versus motorcycle collision. Plaintiff alleges Romero, the bus operator, “veered onto the double yellow solid lines and/or opposing ravel lane to complete the turn on a curve in the roadway.” Romero allegedly “failed to observe Plaintiff while making the turn on the doubl...

Excerpt: ...anki Corp. (“Defendant”), Gardena Supermarket, and Naresh Solanki arising from an August 25, 2018, slip and fall. On August 2, 2021, Defendant issued a deposition subpoena to CM Document Imaging, Inc., demanding the production of: Any and all documents, paper and digital records pertaining to care, treatment and examination, including but not limited to, all office, emergency room, inpatient/outpatient charts either in hard copy or electronic...

Excerpt: ...unter”) (collectively, “Defendants”) arising from an August 4, 2019, motor vehicle collision. Plaintiff alleges Diallo negligently operated a vehicle while intoxicated and that Broderick negligently entrusted the vehicle to Diallo. Plaintiff seeks punitive damages on the grounds that Diallo was driving while intoxicated. Defendants move to strike the following: 1. Page 3, paragraph 14, item (a)(2): “punitive damages”. 2. Page 5, GN-1, �...

Excerpt: ...efendant Todd Edward Smith arising from a January 25, 2017, motor vehicle accident. Defendant moves for an order compelling Plaintiff's deposition and imposing monetary sanctions. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any party to the action. (Code Civ. Proc., § 2025.010.) A properly served deposition notice is effective to require a party or party-affiliated deponent to a...

Excerpt: ...ly 27, 2020, Plaintiffs Jaqueline Liseth Amador-Murillo (“Plaintiff”) and Jose Alvarado (collectively, “Plaintiffs”) filed this action against Defendants Core Medical Group, Inc. (“Core Medical”), Joel Aronowitz, M.D. (“Aronowitz”), Jennifer M. Winnick, P.A. (“Winnick”), and Joel Aronowitz, M.D. dba Tower Multi-Specialty Medical Group (“Tower”) (collectively, “Defendants”) for medical malpractice and loss of consortium...

Excerpt: ... a June 28, 2015, motor vehicle accident. On October 26, 2020, the Court ordered the Complaint dismissed without prejudice after Plaintiff failed to appear for an OSC re: Dismissal and for lack of prosecution. On April 26, 2021, Plaintiff filed this motion to vacate the dismissal under section 473 of the Code of Civil Procedure. Plaintiff's counsel declares that he decided to allow the dismissal of Alexander Hoyt and mistakenly believed that the ...

Excerpt: ...”) and Triumph Residential Services, Inc. (“TRS”) asserting claims for premises liability and negligence. Plaintiff seeks issue, evidence, and monetary sanctions against Defendants for intentional spoliation of evidence, specifically the failure to retain footage from a surveillance camera at the apartment building showing how Plaintiff was injured. II. FACTUAL BACKGROUND Plaintiff claims she was injured by a garage door on Defendants' prem...

Excerpt: ...ergh Action”) with the case captioned Alexis Zimbalist v. Lyft, Inc., et al. and assigned the case number 21STCV05484 (the “Zimbalist Action”). Muhammad contends that these cases should be consolidated because they arise from the same three-vehicle March 7, 2019, traffic collision. At the time of the accident, Muhammad was driving a vehicle for Lyft, Inc. (“Lyft”) with Alexis Zimbalist (“Zimbalist”) as a passenger. The vehicle was o...

Excerpt: ...epartment, and Martha Tate (collectively, “Defendants”) arising from an October 5, 2015, auto accident. Defendants move for an order compelling the neuropsychological examination of Plaintiff by Kyle Brauer Boone, Ph.D. (“Dr. Boone”). In any case in which a plaintiff is seeking recovery for personal injuries, any defendant may demand one physical examination of the plaintiff where: (1) the examination does not include any diagnostic test ...

Excerpt: ...inst Jovan Galu Springman (“Jovan”) and Bonnie Leigh Albrecht (“Albrecht”). Plaintiff alleges Jovan was operating Albrecht's vehicle and struck Plaintiff. Plaintiff asserts a cause of action for negligent entrustment against Albrecht alleging that Jovan was operating her vehicle with permission. On April 13, 2020, Plaintiff named Catherine Mildred Springman (“Catherine”) as the correct party after incorrectly adding “Katherine Mildr...

Excerpt: ...f filed the operative First Amended Complaint (“FAC”) against CVS Pharmacy, Inc. (“CVS”) and Saul Castro (“Castro”) asserting claims for general negligence and premises liability. Plaintiff alleges that on April 21, 2019, he was stabbed by an individual with scissors. On January 21, 2021, Plaintiff added Bay Valley Security, Inc. and Single Source Security, Inc. as Does 1 and 2, respectively. On April 1, 2021, Plaintiff named Garfield...

Excerpt: ...filed this medical malpractice action against Defendants The Regents of the University of California (“Defendant”) and eleven other medical providers. Plaintiff's Complaint alleges that as a result of the defendants' malpractice, she was transferred to UCLA Medical Center on April 21, 2015, where she incurred medical expenses. (Compl., ¶ 21.) Defendant operates UCLA Medical Center. Defendant propounded requests for admission to establish: (1...

Excerpt: ...S FOR MONETARY SANCTIONS Dept. 27 1:30 p.m. September 29, 2021 On February 26, 2020, Plaintiffs Manuel David Corral and Mila Padillo, (collectively, “Plaintiffs”), individually and as successors-in-interest to Manuel Corral Jr. (“Decedent”), filed this action against Palache Protection Services, Inc.(“Palache”), M&F Development, LLC (“M&F”), CA&RK Business Group LLC (“CA & RK”), Rachel Goldhaar, Robert Wexler, Hannah Wexler, a...

Excerpt: ...aintiff”) filed this action against defendants Michael Delgado, C.R. England, Inc., and Walmart Inc. (collectively, “Defendants”) arising from a January 16, 2020, motor vehicle collision. On February 9, 2021, Defendants served a subpoena on Plaintiff's former therapist, Jerri Frank, Ph.D (“Dr. Frank”) for Plaintiff's records. Defendants seek an order compelling Dr. Frank to produce the requested documents. Plaintiff did not oppose this ...

Excerpt: ...action against Defendants Moses Jr. Rangel (“Rangel”) and Farmers Insurance (“Farmers”) (collectively, “Defendants”) arising from a November 28, 2020, motor vehicle accident. Plaintiff alleges Rangel is insured by Farmers and that Farmers has delayed Plaintiff's property damage claim since December 2020, therefore increasing his “loss of use” damages. (Compl., ¶ 13.) Plaintiff further alleges Farmers has acted in bad faith. (Comp...

Excerpt: ...y, “Plaintiffs”) filed this action against defendants Mark Silverstein (“Silverstein”), individually and dba Sun Valley Mercedes Transmissions, LLC (“Sun Valley”), Care Pro Property Management, LLC, and Ashbel, LLC (“Ashbel”) arising from a February 11, 2013, fall from a tiled platform landing. On July 10, 2015, plaintiff Matina Syrengelas filed a request for dismissal as to her claims. On February 15, 2018, Plaintiff named Oleg F...

Excerpt: ...f alleges he was visiting Universal Studios, Hollywood, when he was pushed to the ground by a large group of individuals and injured. On March 20, 2020, Plaintiff named Universal Studios, LLC (“Defendant”) as Doe 1. Plaintiff moves for an order compelling the deposition of Defendant's person most knowledgeable (“PMK”). On May 12, 2020, Plaintiff served a deposition notice scheduling the deposition for June 29, 2020. The deposition did not...

Excerpt: ...ATION Dept. 27 1:30 p.m. September 27, 2021 I. INTRODUCTION On June 30, 2020, Plaintiff Gloria Watson filed this action against Defendants The Regents of the University of California (“The Regents”), Aparna Sridhar, M.D. (“Dr. Sridhar”), and Jenny Yang Mei, M.D. (Dr. Mei”) (collectively, “Defendants”) for medical malpractice and medical battery. On December 31, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) ...

Excerpt: ...tember 27, 2021 I. INTRODUCTION On June 27, 2019, Plaintiff Maurice Monroy (“Plaintiff”) filed this action against Southern California Edison Company (“Defendant”), City of Los Angeles, and the Los Angeles Department of Water and Power. Plaintiff alleges that on August 30, 2018, he hit a “metal cable (guy) wire” while riding his bicycle on the south sidewalk of 92nd Street near Maie Avenue in Los Angeles. He alleges Defendant negligen...

Excerpt: ...ff Tyrod D. Taylor filed this action against Defendants David S. Gazzaniga (“Dr. Gazzaniga”) and Newport Orthopedic Institute (“Newport”) (collectively, “Defendants”). On July 9, 2021, Plaintiff filed the operative First Amended Complaint (“FAC”) asserting causes of action for negligence and medical battery. Defendants demur to Plaintiff's cause of action for medical battery and argue that it fails to state sufficient facts and is...

Excerpt: ...fendant Mayra Anaya arising from a May 5, 2017 motor vehicle accident. Defendant moves for an order compelling the deposition of Plaintiff on September 15, 2021 because this motion was originally scheduled to be heard on September 8, 2021. The hearing was rescheduled to September 24, 2021 in a minute order dated August 26, 2021. Any party may obtain discovery, subject to restrictions, by taking the oral deposition of any person, including any par...

Excerpt: ...2021 On June 14, 2019, Plaintiff Anthony G. Ross filed this action against Defendants California Casualty Insurance Company, Lorne Currie Jr., and Priscilla Currie arising from a June 15, 2017, motor vehicle accident. On October 1, 2020, Plaintiff filed a First Amended Complaint, which the Court ordered stricken on April 5, 2021. On June 18, 2021, the Court issued a minute order granting Plaintiff leave to file a Second Amended Complaint (“SAC�...

Excerpt: ...RODUCTION On December 16, 2019, Plaintiff Elvis A. Castillo, a minor by and through his guardian ad litem, Edelmira Castillo, filed this action against Defendant Los Angeles Unified School District (“Defendant”). Plaintiff alleges that on November 26, 2018, his physical education teacher instructed him and the other students to run towards each other and “high-five” each other. (Compl., ¶ 8.) Plaintiff alleges that another student “hig...

Excerpt: ... M.D. (“Defendant”) and Cedars-Sinai Medical Center (“Cedars-Sinai”) arising from a faulty cardiac catherization performed on February 19, 2020. Plaintiff asserts: (1) a cause of action for professional negligence against Defendant, (2) a cause of action for negligent hiring and retention against Cedars-Sinai, and (3) a cause of action for reckless infliction of emotional distress against both Defendants. Defendant demurs to the third cau...

Excerpt: ...ants Centinela Hospital Medical Center (“Centinela Hospital”), Mehran Sourehnissani, M.D. (“Dr. Sourehnissani”), Minghson Liu, M.D. (“Defendant”), and Steven Clark, M.D. (“Dr. Clark”) for medical malpractice. Plaintiff alleges that on September 24, 2018, he presented to Centinela Hospital with complaints of hypotension, dizziness, and acute left flank pain. Plaintiff alleges he was given a prescription for Sulfamethoxazole/trimeth...

Excerpt: ...iff”) filed this action against Defendant 441 North Oakhurst Drive COA, Inc. (“Defendant”) for injuries sustained on July 13, 2019. Defendant moves for summary judgment on the grounds that Plaintiff's action is barred by the doctrine of primary assumption of risk. Defendant also argues that Plaintiff's action is barred by Civil Code section 846. I. FACTUAL BACKGROUND Plaintiff's action arises from an injury suffered on July 13, 2019, while ...

Excerpt: ...nified School District. On September 16, 2019, Plaintiff filed a First Amended Complaint. On March 24, 2021, the Court granted Las Virgenes Unified School District's motion to compel Plaintiff's deposition and request for monetary sanctions. Derek Povah joined the motion to compel Plaintiff's deposition. Derek Povah now moves for terminating sanctions on the grounds that Plaintiff has disobeyed the Court's March 24, 2021, order by failing to appe...

Excerpt: ...pata asserting causes of action for: (1) fraudulent concealment, (2) fraud and deceit, (3) fraudulent inducement, (4) breach of oral agreement/contract, (5) conversion, (6) constructive trust, and (7) intentional infliction of emotional distress. On December 9, 2019, Plaintiff filed an application to serve Defendant by publication. The order was granted on January 13, 2020. Plaintiff filed proof of publication on February 13, 2020. Defendant did ...

Excerpt: ...NS OF PLAINTIFF'S COMPLAINT Dept. 27 1:30 p.m. September 23, 2021 I. INTRODUCTION On February 19, 2020, Plaintiff Natalie Mendoza Camacho, a minor, by and through her guardian ad litem Edna Camacho, filed this action against Defendant Los Angeles County Metropolitan Authority arising from a May 24, 2019, bus vs. automobile collision. Plaintiff alleges she was a passenger on the bus and was injured when the collision occurred because it caused her...

Excerpt: ...eptember 23, 2021 On March 16, 2020, plaintiff Steve Garma (“Plaintiff”) filed this action against defendant CVS Pharmacy, Inc. alleging that on April 21, 2019, he was stabbed by a transient wielding scissors. On May 14, 2020, Plaintiff filed a First Amended Complaint adding Saul Castro as a defendant. Single Source Security, LLC dba Proto Security (“Defendant') (erroneously sued as “Single Source Security, LLC”) was added as a Doe Defe...

Excerpt: ...derinsured motorist claims. Petitioner alleges that on December 5, 2018, she was insured under a policy issued by respondent Amica Insurance Company (“Amica”) and was involved in an automobile collision with Ana Vasquez while Vasquez was driving for Lyft, Inc. Petitioner alleges her insurance policy had policy limits in excess of Vasquez's $15,000 policy limit. Petitioner further alleges Lyft, Inc. was insured by respondent Indian Harbor Insu...

Excerpt: ...les arising from a February 21, 2019, trip and fall. Plaintiff moves to quash 5 subpoenas to medical and dental facilities who provided her care after the fall, including to Kaiser Permanente, Gallery Dental Arts, and Champion Chiropractic. Plaintiff argues that the subpoenas are overly broad, not reasonably calculated to lead to the discovery of admissible evidence, and risk serious intrusion into Plaintiff's and her family's privacy rights. Alt...

Excerpt: ...l Shultz, M.D. (“Defendant”) asserting claims for medical malpractice, negligence, and medical battery arising from an August 30, 2019, cataract extraction. Plaintiff alleges he suffered a detached retina which caused the permanent loss of sight in his left eye. (Compl., ¶ 6.). Defendant demurs to the second cause of action for medical battery on the grounds that Plaintiff fails to state sufficient facts to constitute a cause of action. Defe...

Excerpt: ...ction against Defendants Alex Foxman, M.D., and Alex Foxman, M.D., Inc. (collectively, “Defendants”), among other defendants, alleging that its medical equipment and office space were damaged by overflowing water caused by an automatic faucet that failed to turn off. Plaintiff alleges three causes of action for: (1) negligence, (2) strict liability – products liability, and (3) “strict liability – premise liability.” Defendants demur ...

Excerpt: ...led this action against Defendants Culver Tropical Gardens L.P. (“Culver Tropical Gardens”) and The Vons Companies, Inc. (“Vons”) arising from a June 15, 2019, slip and fall. Plaintiff alleges she slipped on a large puddle of cooking oil while walking through an exit pathway of Vons's grocery store. On April 8, 2021, Vons filed a cross-complaint naming Culver Tropical Gardens as a cross-defendant. Vons now seeks leave to file a first amen...

Excerpt: ...”) arising from a March 9, 2018, four-vehicle motor vehicle collision. On February 25, 2020, Daniel Lobato filed an action against Barriento (erroneously sued as “Estela Barrientos”), Marilyn Meraz (“Marilyn”), Raymond Meraz (“Raymond”), and Benjamin Sagolla (“Sagolla”) arising from a March 9, 2018, motor vehicle collision. On March 26, 2020, Marilyn and Raymond (the “Meraz Defendants”) filed a cross- complaint against Sagol...

Excerpt: ...n against Defendants Enterprise Rent-A-Car Company of Los Angeles, LLC (“Defendant”) and Sean Francis O'Conner (“O'Conner”) arising from an April 26, 2019, motor vehicle collision. Defendant demurs to the Complaint on the grounds that it cannot be held vicariously liable for the accident under the Graves Amendment and because the complaint is too conclusory and fails to state facts sufficient to state a claim for negligence, permissive us...

Excerpt: ...n A. Carpenter and Cansu Uzun filed this action against Steven Jay Franks (erroneously sued as “Steven Jay Francis”) and Sang Lee (each a “Defendant”) arising from a September 28, 2019, motor vehicle collision. On July 12, 2021, Plaintiffs filed this motion to compel Defendant Lee to answer questions asked at his deposition on June 17, 2021. Plaintiffs claim Defendant Lee improperly refused to answer questions about his relationship with ...

Excerpt: ...ntiff Roberto Barcenas filed this action against Defendants Pedro Ruiz (“Ruiz”) and Swinerton Incorporated (“Swinerton”) (collectively, “Defendants”) arising from an August 6, 2018, skateboard v. motor vehicle collision. At issue is whether Defendants can compel Plaintiff to attend an in-person deposition and independent medical examination in (“IME”) in California. Any party may obtain discovery, subject to restrictions, by takin...

Excerpt: ...parts.com (“Defendant”) (erroneously sued as “Carparts.com, Inc.”) arising from a March 23, 2021, fall from an “order picker” at Defendant's warehouse in Grand Prairie, Texas. Defendant moves to dismiss or stay the action on the grounds of forum non conveniens. “When a court upon motion of a party or its own motion finds that in the interest of substantial justice an action should be heard in a forum outside this state, the court sh...

Excerpt: ...R MONETARY SANCTIONS AND CONTEMPT SANCTIONS Dept. 27 8:30 a.m. September 20, 2021 I. INTRODUCTION AND BACKGROUND On August 7, 2019, Plaintiff Damian Aceves filed this action against Defendants Michael Siu (“Siu”) and Enterprise Rent-a-Car Company of Los Angeles, LLC (“Enterprise”) (collectively, “Defendants”) arising from a December 19, 2017, motor vehicle collision. Defendants seek an order compelling nonparty HAAS Spine & Orthopaedi...

Excerpt: ..., 2021 I. INTRODUCTION On September 21, 2020, Plaintiffs Norma Lidia Alvarado (“Plaintiff”) and Javier Alvarado (“Alvarado”) filed this medical malpractice action against Defendants Los Alamitos Medical Center, Inc. (“Defendant”) (erroneously sued as Los Alamitos Medical Center”) and Healthcare Partners (erroneously sued as “Healthcare Partners Long Beach”). On April 12, 2021, Defendant filed this motion for summary judgment on ...

Excerpt: ...s of action for negligence and premises liability. Plaintiff claims that on January 3, 2019, she tripped and fell while attempting to access a shopping cart corral because the toe of her boot was caught on a metal bar at the bottom of the corral. At issue are Defendant's responses to Plaintiff's Form Interrogatories (Set Two) (“Form Interrogatories” or “FROG”), Pre-Trial Special Interrogatories (Set One) (“Special Interrogatories” or ...

Excerpt: ...uerta, Miguel Portillo, and Griselda Portillo filed this action for premises liability and negligence – wrongful death arising from the death of Eliza Rios Portillo (“Decedent”). Plaintiffs allege that on July 7, 2020, Decedent visited defendant Mohan Dialysis Center of Covina, Inc. (“Mohan Dialysis”) for treatment. After her treatment, defendant Call- The-Car was pushing Decedent in a gurney towards a medical van when the gurney hit a ...

Excerpt: ...nt Cabo Cantina LLC alleging he sustained injuries when he was attacked by a security guard. On September 8, 2020, Plaintiff filed the operative First Amended Complaint (“FAC”) asserting causes of action for negligence, assault, battery, and intentional infliction of emotional distress (“IIED”). On October 27, 2020, Plaintiff named Southwest Traffic Corp (“Southwest Traffic”) as Doe 1. Plaintiff added additional defendants as Doe defe...

Excerpt: ...plaint (“FAC”) naming Lyft, Inc. (“Lyft”), Raquel Giddings (“Giddings”), Louie Medina (“Medina”), Marvin Flores (“Flores”), Kevin Makoyan (“Makoyan”), and Uber Technologies, Inc., Rasier, LLC, and Rasier-CA, LLC (collectively, “Uber”). The action arises from two separate car accidents that took place on February 27, 2017 (the “2017 Accident”) and September 30, 2018 (the “2018 Accident”). Plaintiff alleges that ...

Excerpt: ...ants City of Los Angeles and Los Angeles World Airports. Plaintiffs allege they were injured on November 13, 2018, in the Los Angeles International Airport when they were in an elevator and jolted, thrown around, and fell. On September 23, 2020, nonparty Redwood Fire and Casualty Insurance Company, as administered by Berkshire Hathaway Homestate Companies (“BHHC”) filed this petition for leave to intervene as Plaintiff in Intervention on the ...

Excerpt: ...”), Cinthia Lukas, Dianne Murillo Valbuena, and Denice Ron Valbuena arising from a December 14, 2020, automobile accident. Plaintiff seeks to quash or modify the 20 deposition subpoenas issued by Defendant to: 1. PIH Health Hospital – Whittier 2. PIH Health Hospital – Whittier – Billing 3. PIH Health Hospital – Whittier – Radiology 4. Elite Medical Clinic 5. Prohealth Advanced Imaging 6. Medical Specialties Managers Inc. 7. Simon Lavi...

Excerpt: ...iled this action against Defendants Michael Barrett and National Ready Mix Concrete Company (erroneously sued as “National Cement Company”) (collectively, “Defendants”), as well as Swinerton Buildings, Walker Parking Consultants, Inc., and Serrano Development Group arising from a May 30, 2018, automobile accident. It is unclear whether Walker Parking Consultants, Inc. has been served yet and Swinerton Buildings and Serrano Development Gro...

Excerpt: ...d this action against Defendants Amtech Elevator Services (“Amtech”), Otis Elevator Company (“Otis”), and City Lift Building Services, Inc. arising from an injury she suffered on December 11, 2017, when she entered an elevator door and the doors allegedly slammed on her. Plaintiff alleges the elevator's sensors and other devices were not properly working. She also alleges Defendants negligently maintained and repaired said elevator and fa...

Excerpt: ... ad litem for minor plaintiffs Debrah A. Owolabi and Abdultaariq King Garba, and Abdul King Garba filed this action for negligence, strict liability, breach of implied warranty, restitution, and violation for Unfair Competition Law (Business & Professions Code section 17200) against Defendants Foster Poultry Farms (“Foster Farms”) (erroneously sued as “Foster Farms Inc.”) and Kroger dba The Ralph's Grocery Company (“Kroger”) (erroneou...